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California Code Of Civil Procedure Section 36

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 36

(a) A party to a civil action who is over 70 years of age may
petition the court for a preference, which the court shall grant if
the court makes both of the following findings:
   (1) The party has a substantial interest in the action as a whole.

   (2) The health of the party is such that a preference is necessary
to prevent prejudicing the party's interest in the litigation.
   (b) A civil action to recover damages for wrongful death or
personal injury shall be entitled to preference upon the motion of
any party to the action who is under 14 years of age unless the court
finds that the party does not have a substantial interest in the
case as a whole. A civil action subject to subdivision (a) shall be
given preference over a case subject to this subdivision.
   (c) Unless the court otherwise orders:
   (1) A party may file and serve a motion for preference supported
by a declaration of the moving party that all essential parties have
been served with process or have appeared.
   (2) At any time during the pendency of the action, a party who
reaches 70 years of age may file and serve a motion for preference.
   (d) In its discretion, the court may also grant a motion for
preference that is accompanied by clear and convincing medical
documentation that concludes that one of the parties suffers from an
illness or condition raising substantial medical doubt of survival of
that party beyond six months, and that satisfies the court that the
interests of justice will be served by granting the preference.
   (e) Notwithstanding any other provision of law, the court may in
its discretion grant a motion for preference that is supported by a
showing that satisfies the court that the interests of justice will
be served by granting this preference.
   (f) Upon the granting of such a motion for preference, the court
shall set the matter for trial not more than 120 days from that date
and there shall be no continuance beyond 120 days from the granting
of the motion for preference except for physical disability of a
party or a party's attorney, or upon a showing of good cause stated
in the record.  Any continuance shall be for no more than 15 days and
no more than one continuance for physical disability may be granted
to any party.
   (g) Upon the granting of a motion for preference pursuant to
subdivision (b), a party in an action based upon a health provider's
alleged professional negligence, as defined in Section 364, shall
receive a trial date not sooner than six months and not later than
nine months from the date that the motion is granted.

Last modified: January 12, 2009